File a Wrongful Death Lawsuit in California
Losing a loved one is a terrible shock and loss. The grief and emotional turmoil associated with the death is made far worse when another party’s act of negligence caused this needless loss of life. Wrongful death is the taking of an individual’s life by the willful or negligent act of another person or persons. A wrongful death claim may be brought by the family of the deceased victim to recover compensation, and bring responsible parties to justice.
No amount of money can ever compensate you for your loss, and a lawsuit may be hard to consider when grieving over the death of a loved one. Nevertheless, it is important to speak with a wrongful death lawyer as soon as possible after the death occurs. In addition to the emotional trauma your family is going through, survivors may face financial difficulties due to the loss of support of the deceased. Compensation recovered in a wrongful death claim can help ease the financial burden for the family.
At Mashney Law, we understand the grief and stress of losing a family member. Our Anaheim wrongful death lawyers have been representing injured people since 1994, and we have a stellar reputation in the legal community, and a long record of successful cases. We have recovered substantial settlements and verdicts in a number of wrongful death cases. We can take the helm in your wrongful death claim and seek justice and compensation for you and your family.
What is a Wrongful Death Claim?
Wrongful death lawsuits are civil cases that can be brought in addition to, or exclusive of, a criminal action filed against a negligent party. Whether or not the responsible party faces criminal charges for the wrongful or negligent actions that caused your loved one’s death, family members may have the right to file a civil claim for compensation. Even if the responsible party is charged with a crime and acquitted, surviving family members still have the option to sue for damages in civil court.
When negligence, recklessness, or deliberate actions result in a fatality, a wrongful death has occurred. To establish a wrongful death claim on your behalf, your attorney must prove that:
- Defendant had a duty of care to your deceased loved one.
- Defendant’s acts or omissions breached that duty of care.
- The wrongful actions of the defendant were the proximate (direct) cause of the deceased person’s injuries and death.
- Damages resulted from the above.
What are Wrongful Death Damages in California?
The court considers a number of factors in determining the damages to be awarded in wrongful death claims as regards the spouse, children, parents, and survivors of the deceased. Factors to be considered include each survivor’s relationship with the deceased, the amount of the deceased’s net income that was available to the survivor, the replacement value of the deceased’s services to the survivor, and the life expectancy of all concerned.
Survivors may be awarded compensation for loss of companionship and protection, mental pain and suffering, loss of instruction and guidance, and value of lost support and services and future support and services. In addition, survivors may recover medical expenses of the last injury or illness of the deceased and resulting funeral expenses.
Causes of Wrongful Death
Many different situations can result in wrongful death, when an innocent person dies because of someone else’s wrongful or negligent acts or omissions. Examples of situations from which wrongful death claims arise include:
- Motor vehicle accidents caused by alcohol-impaired, aggressive, distracted, or otherwise negligent drivers
- Medical malpractice in which preventable medical errors cause the death of a patient
- Unsafe products that cause injury and death due to negligence on the part of the manufacturers
- Birth injuries in which the mother or child is fatally injured during labor or delivery
- Workplace accidents resulting from dangerous working conditions
- Gunshots and other criminal acts of violence
Call Our Compassionate Anaheim California Wrongful Death Attorneys
Our Anaheim lawyers at Mashney Law have been practicing law for more than 23 years. We have dedicated our lives and practice to helping injured people in California. We love our work and we love to win for our clients.
If the negligence of another has caused the death of someone you love, we can help you pursue justice for your loved one and compensation for yourself and your family. Our seasoned lawyers can handle your claim while you are dealing with your tragic loss. Contact us for a free case evaluation. You pay nothing for our services until we recover compensation for you. Call (714) 535-5090 to speak with